DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOR Group Pty Ltd
(AG2020/3794)

AMWU AND THE BOR GROUP PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 DECEMBER 2020

Application for approval of the AMWU and the BOR GROUP PTY LTD Collective Bargaining Workshop Agreement 2020.

[1] BOR Group Pty Ltd has applied for approval of a single enterprise agreement known as the AMWU and the BOR GROUP PTY LTD Collective Bargaining Workshop Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 23 December 2020 and, not withstanding clause 4.1 and in accordance with s.54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Australian Manufacturing Workers' Union (AMWU) and BOR Group Pty Ltd. The nature of the dispute was an application for the approval of the AMWU and BOR Group Pty Ltd Collective Bargaining Workshop Agreement 2020. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with the jurisdiction to oversee and approve collective agreements.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including being a genuine agreement, covering the appropriate bargaining period, and providing adequate protections for employees. The Commission had to determine if the agreement met these criteria and if it was in the best interest of the employees covered by the agreement.

In its decision, the Commission found that the agreement was a genuine one, made freely and without coercion. It covered the appropriate bargaining period and provided adequate protections for employees, including provisions for minimum wages, hours of work, and dispute resolution mechanisms. The Commission also considered the views of the employees and found that the agreement was in their best interest. Based on these findings, the Commission approved the AMWU and BOR Group Pty Ltd Collective Bargaining Workshop Agreement 2020.

The Fair Work Commission approved the AMWU and BOR Group Pty Ltd Collective Bargaining Workshop Agreement 2020, finding it to be a genuine agreement that met the requirements of the Fair Work Act 2009. The Commission found that the agreement provided adequate protections for employees and was in their best interest. The approval of the agreement ensures that the parties are bound by the terms and conditions set out in the agreement, promoting fair and harmonious industrial relations.

BOR Group Pty Ltd

DECISION

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Legal Principle Established